Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1410
       
       
       
       
       
       
                                Barcode 458420                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/24/2013 11:30 AM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 2186 - 2347
    4  and insert:
    5         Section 27. Section 633.081, Florida Statutes, is
    6  transferred, renumbered as section 633.216, Florida Statutes,
    7  and amended to read:
    8         633.216 633.081 Inspection of buildings and equipment;
    9  orders; firesafety inspection training requirements;
   10  certification; disciplinary action.—The State Fire Marshal and
   11  her or his agents or persons authorized to enforce laws and
   12  rules of the State Fire Marshal shall, at any reasonable hour,
   13  when the State Fire Marshal has reasonable cause to believe that
   14  a violation of this chapter or s. 509.215, or a rule adopted
   15  promulgated thereunder, or a minimum firesafety code adopted by
   16  the State Fire Marshal or a local authority, may exist, inspect
   17  any and all buildings and structures which are subject to the
   18  requirements of this chapter or s. 509.215 and rules adopted
   19  promulgated thereunder. The authority to inspect shall extend to
   20  all equipment, vehicles, and chemicals which are located on or
   21  within the premises of any such building or structure.
   22         (1) Each county, municipality, and special district that
   23  has firesafety enforcement responsibilities shall employ or
   24  contract with a firesafety inspector. Except as provided in s.
   25  633.312(2) and (3) 633.082(2), the firesafety inspector must
   26  conduct all firesafety inspections that are required by law. The
   27  governing body of a county, municipality, or special district
   28  that has firesafety enforcement responsibilities may provide a
   29  schedule of fees to pay only the costs of inspections conducted
   30  pursuant to this subsection and related administrative expenses.
   31  Two or more counties, municipalities, or special districts that
   32  have firesafety enforcement responsibilities may jointly employ
   33  or contract with a firesafety inspector.
   34         (2) Except as provided in s. 633.312(2) 633.082(2), every
   35  firesafety inspection conducted pursuant to state or local
   36  firesafety requirements shall be by a person certified as having
   37  met the inspection training requirements set by the State Fire
   38  Marshal. Such person shall meet the requirements of s.
   39  633.412(1)(a)-(d), and:
   40         (a) Be a high school graduate or the equivalent as
   41  determined by the department;
   42         (b) Not have been found guilty of, or having pleaded guilty
   43  or nolo contendere to, a felony or a crime punishable by
   44  imprisonment of 1 year or more under the law of the United
   45  States, or of any state thereof, which involves moral turpitude,
   46  without regard to whether a judgment of conviction has been
   47  entered by the court having jurisdiction of such cases;
   48         (c) Have her or his fingerprints on file with the
   49  department or with an agency designated by the department;
   50         (d) Have good moral character as determined by the
   51  department;
   52         (e) Be at least 18 years of age;
   53         (f) Have satisfactorily completed the firesafety inspector
   54  certification examination as prescribed by division rule the
   55  department; and
   56         (b)(g)1. Have satisfactorily completed, as determined by
   57  division rule the department, a firesafety inspector training
   58  program of at least not less than 200 hours established by the
   59  department and administered by education or training providers
   60  agencies and institutions approved by the department for the
   61  purpose of providing basic certification training for firesafety
   62  inspectors; or
   63         2. Have received in another state training in another state
   64  which is determined by the division department to be at least
   65  equivalent to that required by the department for approved
   66  firesafety inspector education and training programs in this
   67  state.
   68         (3)(a)1. Effective July 1, 2013, the classification of
   69  special state firesafety inspector is abolished, and all special
   70  state firesafety inspector certifications shall expire at
   71  midnight June 30, 2013.
   72         2. Any person who is a special state firesafety inspector
   73  on June 30, 2013, and who has failed to comply with paragraph
   74  (b) or paragraph (c) may not perform any firesafety inspection
   75  required by law.
   76         3. A special state firesafety inspector certificate may not
   77  be issued after June 30, 2011.
   78         (b)1. Any person who is a special state firesafety
   79  inspector on July 1, 2011, and who has at least 5 years of
   80  experience as a special state firesafety inspector as of July 1,
   81  2011, may take the firesafety inspection examination as provided
   82  in paragraph (2)(f) for firesafety inspectors before July 1,
   83  2013, to be certified as a firesafety inspector under this
   84  section.
   85         2. Upon passing the examination, the person shall be
   86  certified as a firesafety inspector as provided in this section.
   87         3. A person who fails to become certified must comply with
   88  paragraph (c) to be certified as a firesafety inspector under
   89  this section.
   90         (c)1. To be certified as a firesafety inspector under this
   91  section, a any person who:
   92         a. Is a special state firesafety inspector on July 1, 2011,
   93  and who does not have 5 years of experience as a special state
   94  firesafety inspector as of July 1, 2011; or
   95         b. Has 5 years of experience as a special state firesafety
   96  inspector but has failed the examination taken as provided in
   97  paragraph (2)(a) (2)(f), must take an additional 80 hours of the
   98  courses described in paragraph (2)(b) (2)(g).
   99         2. After successfully completing the courses described in
  100  this paragraph, such person may take the firesafety inspection
  101  examination as provided in paragraph (2)(a) (2)(f), if such
  102  examination is taken before July 1, 2013.
  103         3. Upon passing the examination, the person shall be
  104  certified as a firesafety inspector as provided in this section.
  105         4. A person who fails the course of study or the
  106  examination described in this paragraph may not perform any
  107  firesafety inspection required by law on or after July 1, 2013.
  108         (4) A firefighter certified pursuant to s. 633.408 633.35
  109  may conduct firesafety inspections, under the supervision of a
  110  certified firesafety inspector, while on duty as a member of a
  111  fire department company conducting inservice firesafety
  112  inspections without being certified as a firesafety inspector,
  113  if such firefighter has satisfactorily completed an inservice
  114  fire department company inspector training program of at least
  115  24 hours’ duration as provided by rule of the department.
  116         (5) Every firesafety inspector certificate is valid for a
  117  period of 4 3 years from the date of issuance. Renewal of
  118  certification is subject to the affected person’s completing
  119  proper application for renewal and meeting all of the
  120  requirements for renewal as established under this chapter or by
  121  rule adopted under this chapter, which must shall include
  122  completion of at least 54 40 hours during the preceding 4-year
  123  3-year period of continuing education as required by the rule of
  124  the department or, in lieu thereof, successful passage of an
  125  examination as established by the department.
  126         (6) A previously certified firesafety inspector whose
  127  certification has lapsed for 8 years or more must repeat the
  128  fire safety inspector training as specified by the division.
  129         (7)(6) The State Fire Marshal may deny, refuse to renew,
  130  suspend, or revoke the certificate of a firesafety inspector if
  131  the State Fire Marshal finds that any of the following grounds
  132  exist:
  133         (a) Any cause for which issuance of a certificate could
  134  have been refused had it then existed and been known to the
  135  division State Fire Marshal.
  136         (b) Violation of this chapter or any rule or order of the
  137  State Fire Marshal.
  138         (c) Falsification of records relating to the certificate.
  139         (d) Having been found guilty of or having pleaded guilty or
  140  nolo contendere to a felony, whether or not a judgment of
  141  conviction has been entered.
  142         (d)(e) Failure to meet any of the renewal requirements.
  143         (f) Having been convicted of a crime in any jurisdiction
  144  which directly relates to the practice of fire code inspection,
  145  plan review, or administration.
  146         (e)(g) Making or filing a report or record that the
  147  certificateholder knows to be false, or knowingly inducing
  148  another to file a false report or record, or knowingly failing
  149  to file a report or record required by state or local law, or
  150  knowingly impeding or obstructing such filing, or knowingly
  151  inducing another person to impede or obstruct such filing.
  152         (f)(h) Failing to properly enforce applicable fire codes or
  153  permit requirements within this state which the
  154  certificateholder knows are applicable by committing willful
  155  misconduct, gross negligence, gross misconduct, repeated
  156  negligence, or negligence resulting in a significant danger to
  157  life or property.
  158         (g)(i) Accepting labor, services, or materials at no charge
  159  or at a noncompetitive rate from a any person who performs work
  160  that is under the enforcement authority of the certificateholder
  161  and who is not an immediate family member of the
  162  certificateholder. For the purpose of this paragraph, the term
  163  “immediate family member” means a spouse, child, parent,
  164  sibling, grandparent, aunt, uncle, or first cousin of the person
  165  or the person’s spouse or a any person who resides in the
  166  primary residence of the certificateholder.
  167         (8)(7) The division of State Fire Marshal and the Florida
  168  Building Code Administrators and Inspectors Board, established
  169  pursuant to s. 468.605, shall enter into a reciprocity agreement
  170  to facilitate joint recognition of continuing education
  171  recertification hours for certificateholders licensed under s.
  172  468.609 and firesafety inspectors certified under subsection
  173  (2).
  174         (9)(8) The State Fire Marshal shall develop by rule an
  175  advanced training and certification program for firesafety
  176  inspectors having fire code management responsibilities. The
  177  program must be consistent with the appropriate provisions of
  178  NFPA 1037, or similar standards adopted by the division, and
  179  establish minimum training, education, and experience levels for
  180  firesafety inspectors having fire code management
  181  responsibilities.
  182         (10)(9) The department shall provide by rule for the
  183  certification of firesafety inspectors and Fire Code
  184  Administrators.